Wednesday, January 17, 2007

Fire Charles Stimson

Hump day, hump day. I got a shout out in the snapshot and wasn't expecting that due to what I was writing about last night (besides war resisters). And, like usual when I get a shout out, the e-mails bump up. I've only read a few but I'll try to answer some more after I post.

I think I'm going to focus on one topic. If you caught Democracy Now! today, the last segment was about the latest bullying from Bully Boy's administration. They know they can't win in court on Guantanamo so they're trying to force lawyers to stop representing the prisoners (this is my belief) by making them lose clients. The Assistant Secretary of Defense for Detainee Affairs is Charles Stimson and he went on the radio last week saying that corporations better start looking to see who's representing the Guantanamo prisoners and then taking their corporate business elsewhere.

SynopsisNew York, NY - After the recent controversy surrounding Deputy Assistant Secretary of Defense for Detainee Affairs Charles "Cully" Stimson's comments about major law firms representing Guantánamo detainees pro bono, Attorney General Alberto Gonzales then blamed attorneys for the lack of trials to date. "It's not for lack of trying. We are challenged every step of the way," Gonzales said in a radio interview on January 16, 2007. "We are trying as hard as we can to bring these individuals to justice." According to the Center for Constitutional Rights, which organizes the representation of the detainees, the Bush administration is twisting the notion of justice."The only delay in charging, trying or releasing detainees has been by the Bush administration. To suggest that the legal challenges are what have prevented the detainees from seeing justice is really through the looking glass," said CCR Executive Director Vincent Warren. "We have been trying for five years to get their cases heard in federal court, and the Bush administration has continued to try to circumvent two Supreme Court rulings and do everything in its power to keep the men at Guantánamo from challenging their detention. Only 10 of the 775 men who have been imprisoned at Guantánamo have even been designated for the military commissions, which are a sham tribunal to begin with."The Supreme Court ruled the military commissions unconstitutional in Hamdan v. Rumsfeld this past summer, prompting the administration to work with Congress to pass the Military Commissions Act in an attempt to retroactively strip detainees of the right of habeas corpus.Last week, Stimson came under fire for claiming that the pro bono work of major law firms representing detainees was somehow suspicious and that their corporate clients should put pressure on them to withdraw.

In one of the most severe threats the Bush administration has dealt to our constitutional democracy, the Pentagon attacked the lawyers who have volunteered to represent the Guantánamo detainees. Deputy Assistant Secretary of Defense Charles Stimson threatened corporate lawyers who agree to defend the men and boys imprisoned there. Flashing a list of corporations that use law firms doing this pro bono work, Stimson declared, "Corporate C.E.O.'s seeing this should ask firms to choose between lucrative retainers and representing terrorists."In 1770, John Adams defended nine British soldiers including a captain who stood accused of killing five Americans. No other lawyer would defend them. Adams thought no one in a free country should be denied the right to a fair trial and the right to counsel. He was subjected to scorn and ridicule and claimed to have lost half his law practice as a result of his efforts. Adams later said his representation of those British soldiers was "one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country."Federal Judge Green, who has handled the many habeas corpus petitions filed by the Guantánamo detainees, expressed appreciation for the lawyers: "I do want to say we are very grateful for those attorneys who have accepted pro bono appointments. That is a service to the country, a service to the parties. No matter what position you take on this, it is a grand service." More than 750 men and boys have been held like animals in cages during the last five years at Guantánamo. Many were picked up by warlords and sold to the US military for bounty. None has been tried for any crime. Very few even have any criminal charges against them.Ironically, there were no alleged terrorists connected with 9/11 there until Bush recently transferred 14 men from his secret CIA prisons to Guantánamo. Meanwhile, hundreds of detainees languish in custody, aided by 500 courageous lawyers from 120 firms who have volunteered countless hours to represent them.Under the Military Commissions Act Bush just got Congress to okay without any notable qualms, the Guantánamo prisoners could be held for the rest of their lives without ever seeing a judge. Those who decide that death could not be worse than life at Gitmo have participated in a hunger strike. Rather than subject the Bush administration to embarrassment when prisoners die in US custody, military guards force feed them. Thick plastic tubes are forced down their throats with no anesthesia. Tubes are not sterilized before being reused on other prisoners. The UN Human Rights Commission called the force-feeding "torture." Many prisoners also report being tortured during interrogations.

So hopefully that gives you a pretty good idea of what rotten trick the administration is trying to pull now. When they can't win fair, they play dirty. And that's not right on the playing field and it's not right when we're talking about the government of the United States that is supposed to play fair. Marjorie Cohn is the president of the National Lawyers Guild and they have a link for a statement at their website but I get an error message when I click on it. The title says they're calling for "censure" of Stimson. I disagree with that, I think his ass should be fired. He doesn't belong in the Defense Department if his idea of 'winning' is to try to force lawyers to quit cases so that they won't lose business.

This is like when John Asscroft was the Attorney General and went on Letterman to trash Lynne Stewart. They fight dirty because it's the only way they can win and that's not justice and not how the US government should act. The US government should fight for fairness, not try to force people out. I know that's not the way it works but that should be the goal.

And I think he should be fired because if it's just a censure then the next man or woman is going to think, "I can do it, I won't lose my job." So what's the next thing? If you're accused of murder, they're going to try to intimidate your attorney into quitting your case? If you're accused of some drug charge, they're going to try it?

It was wrong and I heard something, probably on Democracy Now!, about how the Justice Department is saying that those are Stemson's personal opinions and not the Defense Dept.'s -- doesn't matter. (I don't think that's true, but doesn't matter.) His ass should be fired. He works in the government, IN the goverment, which means he works for us. So he needs to be fired because those words aren't about liberty & justice for all. He chose to say them and they are what he believes -- well they don't fit with democratic government that prizes justice for all. So he needs to go. His statements demonstrate that.

I'm sure the National Lawyers Guild has a very good argument for censure (and I wish I could read it) but I doubt it would change my opinon because I find what Stemson said outrageous and I don't believe that he should get away with it.

Wednesday, January 17, 2007. Chaos and violence continue in Iraq; two more US troops are announced dead; Mad Maddie sticks up for her daddy's favorite pupil; Barbara Lee, Lynn Woolsey and Maxine Waters stand strong in the US Congress; the US military is accused of again breaking diplomatic policies and flouting the law in Iraq; and US war resister Ehren Watada learns just how hollow 'justice' can be.

Starting with the latest news of Ehren Watada who, in June of last year, became the first officer to publicly refuse to deploy to Iraq. A strong stand that took tremendous courage (even his parents, Bob Watada and Carolyn Ho, have spoken of how they attempted to talk him out of it because of the scorn, silence and hostility he'd be greeted with). He faces a court-martial on February 5th and Lt. Col. John Head -- the so-called judge -- has issued a decision based on arguments presented in the pre-trial hearing earlier this month. As Amy Goodman (Democracy Now!) summarized it today: "The judge in the case has ruled Watada's defense won't be able to present evidence challenging the legality of the war nor explain Watada's motive to resist deploying to Iraq." Hal Bernton (Seattle Times) notes it is "a major blow to the court-martial defense," which is putting it mildly, and quotes Watada's attorney Eric Seitz who declares, "We have been stripped of every defense. This is a disciplinary system, not a justice system. Otherwise, we would have been entitled to defend ourselves."

Which they are not. Ehren Watada was just stripped of any defense. As noted on January 4th when the prosecution presented their pre-trial arguments: "What the military would like to do in today's pre-trial hearing is reduce everything to whether or not Watada deployed with his unit? The answer, of course, is that he did not. The military does not want the issue of the legality of the war addressed. By closing off this discussion, they not only would destroy Watada's right to defend himself, they would be able, as the Bully Boy long has been able to, set the terms of the discussion and control what is and is not discussed."

Political Affairs offers a survey of the travesty and notes that Head's ruling reads: "The defense motion for a hearin gon the 'Nuremberg defense' is DENIED. The government motion to prevent the defense from presenting evidence on the legality of the war is GRANTED." Of the political prosecution (let's be honest, Watada's being politically prosecuted), Political Affairs notes that, in the pre-trial hearing, "Kueker replied that there are two separate prosecutions going on. The first is for Lt. Watada missing movement to Iraq -- a prosecution where his MOTIVE is so irrelevant that it needs to be barred from the military jury. The second prosecution will be for Lt. Watada publicly explaining his MOTIVE! Apparently this Orwellian formulation passes for military justice."

Apparently and sadly it does. It's complete nonsense. It's doesn't remotely resemble justice. It's a political prosecution of Ehren Watada where he is silenced to the point of being gagged. (Shades of the Chicago Eight.) He can be charged with crimes that, if convicted, carry six years of prison time, the prosecution can do whatever they want in the court-martial, but Ehren Watada cannot make the best defense he is entitled to. Not only can his attorney not put forth the best defense, the reasons for the actions he is now being persecuted for, those reasons cannot be discussed by the defense.

The prosectution can discuss it. They'll be discussing what Ehren Watada said here or there and why it is supposedly so objectionable but Ehren Watada will not be allowed to explain why he acted as he did, why he said what he did.

That's not justice. It's railroading him. It's denying him the right to offer any response to a government case against him. But the Coward's Silence will continue to cause many in independent media to ignore Ehren Watada. Follow that closley and note who stays silent. Those that stay silent are useless. They'd stay silent if you needed them as well.

Ehren Watada has been prevented from arguing any kind of defense. His court-martial now consists of nothing more than "yes" and "no" answers from him. That's not a defense. He took a stand. He's shown bravery. There is no hemming or hawwing, there is only standing up on his part. And for doing that, for saying no to an illegal war, he faces six years in prison -- all the more likely when he's not allowed to make his case.

To repeat, during the Article 32 hearing, Watada's defense called three witnesses, Francis A. Boyle of the University of Illinois' College of Law, Champagne; Denis Halliday, the former Assistant Secretary General of the UN; and retired Colonel Ann Wright. These three witnesses addressed the issue of the war, it's legality, and the responsibilities of a service member to disobey any order that they believed was unlawful. The testimony was necessary because Watada's refusing to participate in the illegal war due to the fact that he feels it is (a) illegal and (b) immoral. That will not happen now, 'judge' Head has denied that, has denied Watada the right to argue any sort of defense.

While the military attempts to throw the book at him (and asks that he stand still and repeat, "Thank you, sir. May I have another?") and independent media plays dumb (with few exceptions) the people react differently. On Saturday, Ehren Watada spoke at the Coupeville Recreation Center in Washington. Paul Boring (Whidbey News-Times) reports that over a 100 people showed up to hear him and burst into applause at various intervals. Watada asked: "Do we wanta a military that without hesistation, will turn on people simply because they ordered to do so? . . . What I have embarked upon and what I sacrifice today is for those who have lost their lives and for those still struggling to stay alive. . . . I do have the power to make you aware of why soldiers are dying and why this war is unjust. I do have the power to compel you to care. It is the American people who have the power to end this war. . . . They can try me, convict me or acquit me. My life does not matter. The lives of thousands of soldiers do . . . it is one thing to end a war. It is another to ensure it never happens again. We have the power to change history."

We do have that power. But only if we use it. Mark Taylor-Canfield reported for Free Speech Radio News and The KPFA Evening News yesterday on a speech Ehren Watadagave as part of Seattle's MLK celebration where, no surprise, he received a standing ovation. The people are hearing him (which no doubts scares the military to death). Taylor-Canfield also noted Camp Resistance had set up "just outside the gates of Fort Lewis where Watada's hearing is being held." So that's two independent media outlets that have noted Camp Resistance -- will anyone be next? In a show of support for Ehren Watada, Iraq Veterans Against the War started Camp Resistance and intend to maintain it through the court-martial. They need money, volunteers and press attention.

Yesterday, we noted that Agustin Aguayo has received not the expected charge of being AWOL but the charge of "desertion." With Aguayo the US military is attempting to send a message both due to Aguayo's standing up and saying "no" and due to the fact that (as Mike pointed out last night) Aguayo didn't just sue the US military, he's made it up all the way up to the DC Court of Appeals. With Ehren Watada the US military is also attempting to send a message, to initmidate and frighten others from following in Watada or Aguayo's footsteps. Guess what? It's too late. It's already happening. (About the only one scared at this point is a healthy chunk of independent media.) Watada and Aguayo are part of a movement of resistance within the military that also includes Kyle Snyder, Ivan Brobeck, Darrell Anderson, Ricky Clousing, Aidan Delgado, Mark Wilkerson, Joshua Key, Camilo Meija, Pablo Paredes, Carl Webb, Stephen Funk, David Sanders, Dan Felushko, Brandon Hughey, Jeremy Hinzman, Corey Glass, Patrick Hart, Clifford Cornell, Joshua Despain, Katherine Jashinski, Chris Teske and Kevin Benderman. In total, thirty-eight US war resisters in Canada have applied for asylum.

Today on KPFA's The Morning Show, US Congress member Barbara Lee discussed the Bring the Troops Home and Iraq Sovereignty Restoration Act. Which is? Legislation proposed by Lee and fellow Congress members Lynn Woolsey and Maxine Waters calling for the start of troop withdrawal and the start of "work with the regional countries in the Middle East to come up with a multilateral solution," Lee explained. Repeatedly, Representative Barbara Lee noted that the presence of US troops was fueling the violence. In addition, she noted that the violence "is only going to escalate as long as US troops are there," that "there is no 'win'" and that Bully Boy mentions mistakes but "whether than talk about to rectify it, he's talking about escalating the war." Andrea Lewis asked what everyone could do to support Lee, Waters and Woolsey's proposal and Lee responded that "the bill needs co-sponsors, the more co-sponsors you build, the more chance the bill will get a fair hearing" so start contacting your Congressional reps (especially the House because this is a House proposal) -- get on the phone, on the fax, on your feet, into your e-mail account . . . and tell them you want to see some support for Waters, Woolsey and Lee's bill -- Bring the Troops Home and Iraq Sovereignty Restoration Act.

Also appearing on The Morning Show was Matthew Rothschild (The Progressive) stated, "I hope she gets a whole lot more signers on that" and that "This is what we need. This is what we must from our leadership, we must have courageous leadership." He then discussed how when the talk of escalation was first being floated, US Senator Harry Reid (Majority Leader) was all ready to go along publicly but public outrage changed that. "The Democratic Leadership, if left to their own devices will go along with Bush on that". Rothschild stated he is for all avenues ("Bascially, I'm for everything") including phone calls and e-mails (which he believes are counted -- they are, a tally is kept by your rep) but it's time to get "past the passive protests." He shared how he was speaking with an activist about the events to note the 3,000 mark for number of US troops killed in Bully Boy's illegal war. The activist stated, "We got to do more than candle light vigils 'cause they're fine with candle light vigils" and that until the actions turn to massive civil disobedience ("until we start interrupting Wall St.," his friend told him) "this war's going to go on" -- instead "the volume needs to go up, needs to increase and just passive resistance to this war" will not change anything.

Philip Maldari raised the issue of the way Bully Boy continues to attempt to sell the escalation on every and any outlet that will have him. Maldari noted that Bully Boy was on the NewsHour as part of the push and "he says he has faith in generals -- well, he just changed the generals." Rothschild responded that "The reason they can't defend the policy is its indefenseable" but Bully Boy "views himself as The Great Liberator -- he thinks he's got God talking to him in one ear and Cheney in the other" which is why he can drop the number of Iraqis killed into a speech (Rothschild was referring to last year when Bully Boy decided to use the Iraqi Body Count figure) and "it didn't have an impact on him . . . he just dropped it off . . . At what point will these catostrophic casualty figures coming out of Iraq really make an impact on Bush?"

Sameer N. Yacoub (AP) reports that 17 people have died from a car bombing "in the Shiite district of Sadr City". Mariam Karouny and Claudia Parsons (Reuters) report that the bombing left a "mangled wreckage of a white and orange taxi and blood on the street". The BBC notes that this took place "near the outdoor Mereidi market, one of the neighbourhood's most popular commerical centres" and that "[t]he force of the blast shattered windows of nearby stores and restaurants."

Al Jazeera notes a truck bomb which claimed 10 lives in Kirkuk with at least 42 wounded and "[r]escuers are still searching for bodies." CNN notes that the truck bomb was "detonated remotely, police said. The blast heavily damaged the station, leaving a number of people trapped under the rubble and causing structural damage to other buildings."

Reuters notes a roadsidebomb in Basra has left "two coalition force soldiers" wounded in Basra and it is presumed those are British soldiers, while, in Baghdad, one roadside bomb killed a police officer and left three more wounded, another roadside bomb ("near a minibus") left six people wounded and mortar rounds are being used in the continued assault on Haifa Street.

In addition, Reuters reports that a "local government official in Mansour district of Baghdad was kidnapped" along with four his body guards.

Today, the US military has announced: "One Soldier assigned to Regimental Combat Team 5 died Monday and one Soldier assigned to 1st Brigade, 1st Armored Division died today from wounds sustained due to enemy action while operating in Al Anbar Province." The two deaths bring the ICCC count to 3028 (3028 is the AP count today as well).

Returning to the bill Barbara Lee spoke of, The Bring the Troops Home and Iraq Sovereignty Restoration Act, AFP reports that it is "calling for a full withdrawal of US forces from Iraq within six months" and that it "would repeal congressional authorization for the use of force in Iraq . . . [,] would also force the withdrawl from Iraq of US military contractors, and would prohibit permanent US military bases there, while continuing economic and political aid to the country."

From legal news to diplomatic news, the US military stands accused of raiding another diplomatic mission in Iraq. Al Jazeera reports that: "Sudan has summoned the senior US diplomat in Khartoum after it said American troops raided the Sudanese embassy in Baghdad, violating diplomatic conventions, a foreign ministry spokesmen has said." Last week, an Iranian consulate was stormed by US forces and diplomatic staff rounded up. Five still remain in US custody.

Staying with the topic of bully diplomacy, Mad Maddie Albright, the Sanctions Queen whose policies under Bill Clinton led to the unnecessary deaths of many Iraqis, marches her bald spot into the US House's Foreign Relations Committee today and, as KUNA's report demonstrates, proceeds to prop up Condi Rice (who studied with Mad Maddie's Daddy) and to boo and hiss the idea of cutting off funding for the illegal war. Cut off funds? Never says Mad Maddie who cut off medicine and a great deal more while once famously bragging, in an interview with Lesley Stahl (60 Minutes) that a half-million dead Iraqi children was "a very hard choice, but the price -- we think the price is worth it."

While Mad Maddie laughably attempts to portray Condi Rice's Middle East trip as proof the Condi understands the importance of "a meaningful peace process," the reality of the trip? Paul Richter (Los Angeles Times) observes that "Egypt, Jordan, Saudi Arabia and five other neighboring states" have issued a statement "warning against foreign interference in Iraq" (excluding the US, of course) and that Rice was "traveling the region this week to build support for President Bush's new Iraq policy." That's why Rice has been traveling to the areas, to drum up support for Bully Boy's desired escalation, it's not about peace in the region. Mad Maddie also burped and growled about NATO.

Turning to true diplomacy, yesterday we noted the United Nations Assistance Mission for Iraq's report and this statement was included: "Well they have the option of 'honour killings' which, the UN report tells us, led to, in the first months of 2006, 239 women attempting to kill themselves -- burning yourself to death may be among the most popular 'roles' for Iraqi women in the public sphere" -- first eight months of 2006 -- it was the first eight months. We'll pick back up on the topic of Iraqi women in a moment. But, if you missed it, the reports states that 34,452 Iraqis died in 2006 and 36,685 were wounded and that the US led forces "restrict the enjoyment of human rights and . . . cause severe suffering to the local population." As Borzou Daragahi (Los Angels Times) notes: "The report paints a harrowing picture of life in Iraq. At least 470,000 Iraqis have become refugees in their own country" and that "Baghdad accounted for about 75% of all deaths in the last two months of 2006".

The report is harrowing and Sabrina Tavernise (New York Times) interviewed Um Qasim (who lives on Haifa Street in Baghdad) whose life demonstrates the realities -- since the illegal war began, Qasim has seen three brothers die, a sister-in-law die, a nephew, a step-son a son . . . while two of her own sons are imprisoned and her 16-year-old son was just shot dead.

So we've noted that. When will the press get serious about the report and note its findings on honor killings and sucides among Iraqi women? The rapes, the kidnappings, the attacks on women and the destruction of women's rights?

December 9th, on RadioNation with Laura Flanders, Flanders and MADRE's Yanar Mohammed spoke about these killings. Mohammed described an 'honor' killing in November where a woman was taken from her home by fundamentalists and then beaten and flogged "in the middle of the street. Then they brought a cable and wrapped it around her neck" and used that cable to pull her to the "nearest football field and they hanged her". That's not isolated. Yanar Mohammed could speak of two other 'honor' killings in November as well.While grateful that Flanders and Mohammed can discuss it, when will the mainstream media? These crimes are in the UN report.

Finally. Ehren Watada is on trial, not Sarah Olson. Matthew Rothschild (The Progressive) writes about Olson today (that's not a slap at Rothschild) and let's note this, while remembering Rothschild is not a 'creative' journalist (meaning he doesn't invent facts): "Olson says she is not in a position to discuss what she is ultimately going to do or 'what kind of legal strategy I will employ,' she says. But she appears to give a hint when she adds: 'My duty as a journalist is to the public and to their right to know, and not to the government."

Okay, are we all confused again?

She can't support her sources one moment, then the next she's telling Aaron Glantz she has always supported Ehren Watada and doesn't know why anyone would suggest otherwise. Rothchild writes today and Olson's doing what? Saying she can't declare what she intends to do. And yet . . . Olson goes on RadioNation with Laura Flanders and declares she will not testify. (This page takes you to archives where you can listen or just note "Journalist Sarah Olson on why she won't testify against Lieut. Ehren Watada.")

After we're all over the what-mixed-message-is-she-sending-now moment, it bears repeating that Olson is NOT the story. She is a reporter. Her public drama is boring, tiring and embarrassing. She needs to take herself off the public stage because Ehren Watada is facing six years in prison, not Sarah Olson. Or as Dolly Parton says in Straight Talk, "Climb down off the cross, honey. Somebody needs the wood."

Olson tells Rothschild, she's 'holding up' "just fine." Good. Good to know she's maintaining. Now how about remembering that reporters are not the story? Gregg Kakesako, also subpoenaed, told Rothschild "no comment" -- two words Olson would do well to learn unless "Naval Gazer" is the new occupation she intends to list on her passport. All journalists, say it together, "We are not the story. We are not the story. We are not . . ."

Programming note, tomorrow KPFA presents LIVE, gavel-to-gavel coverage of the US Senate's Judiciary Committee meeting entitled "Oversight of the U.S. Department of Justice." Larry Bensky will host the KPFA coverage which will begin at 6:00 am PST. Alberto Gonzales is scheduled to testify before the committee.

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About Me

I'm Michael, Mike to my friends. College student working his way through. I'm also Irish-American and The New York Times can kiss my Irish ass. And check out Trina's Kitchen on my links, that's my mother's site.